Comments on: Revisiting the Right of Indiana Juries to Determine the Law in Criminal Cases https://www.peoplevstate.com/?p=904 fairly undermining public confidence in the administration of justice Fri, 15 Feb 2013 19:18:40 +0000 hourly 1 https://wordpress.org/?v=5.4.15 By: Me on Jury Duty? - Page 4 - INGunOwners https://www.peoplevstate.com/?p=904&cpage=1#comment-3918 Fri, 15 Feb 2013 19:18:40 +0000 http://www.peoplevstate.com/?p=904#comment-3918 […] There's an interesting discussion of this very article and section of the Indiana Constitution here. __________________ It's all fun and games… until someone loses an […]

]]>
By: John Kindley https://www.peoplevstate.com/?p=904&cpage=1#comment-1600 Thu, 17 Mar 2011 15:31:27 +0000 http://www.peoplevstate.com/?p=904#comment-1600 In reply to David Schwartz.

See the Indiana Supreme Court’s decision in Pritchard v. State, available here: http://scholar.google.com/scholar_case?case=3978546185823845591&q=Pritchard+Indiana&hl=en&as_sdt=2,15

]]>
By: David Schwartz https://www.peoplevstate.com/?p=904&cpage=1#comment-1598 Thu, 17 Mar 2011 04:47:09 +0000 http://www.peoplevstate.com/?p=904#comment-1598 It seems to me that you are conflating the right to determine what the law actually is with the right to substitute what you think the law should be for what you think the law is.

“Even where the jury finds that the State has proven the statutory elements of the offense beyond a reasonable doubt, the jury still has the unquestioned right to determine whether in this case returning a verdict of guilty promotes fairness and the ends of justice.”

This seems completely incorrect to me. I don’t see anything that requires the jury to have the right to ignore the law simply because they think it’s unfair and substitute what they think the law should be.

And I should note, if you think they have this power, they should be able to use it to find guilt as well as innocence. If the law requires a particular element for an offense, but the jury feels the ends of justice are better met if that element need not be proven, then do they have the right to substitute that law too?

]]>
By: Ignoring the Right to Ignore the Law in Indiana [Updated] | People v. State https://www.peoplevstate.com/?p=904&cpage=1#comment-1589 Sun, 06 Mar 2011 19:08:45 +0000 http://www.peoplevstate.com/?p=904#comment-1589 […] See my post here about a 2008 Indiana Supreme Court decision which sheds significant light on the 2003 Indiana […]

]]>